Ajay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15578 of 2024 Arising Out of PS. Case No.-89 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Ajay Kumar Mahto son of Mahesh Mahto Resident of village- Mahinathpur (Raghuveer chowk Rampatti) Ps-Rajnagar District-Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shailendra Kumar, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhairav Asthan P.S. Case No. 89 of 2023 instituted for the offence under Section 394 of the Indian Penal Code. 3.

Prosecution case in short is that while the informant along with his cousin was on their way, they were accosted by four unknown miscreants, who on the point of pistol snatched their mobile phones and motorcycle. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-07-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.15578 of 2024(2) dt.12-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Munna Kumar, and the same has no evidentiary value. Nothing has been recovered from possession of the petitioner. Petitioner was not put on T.I. parade. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhairav Asthan P.S. Case No. 89 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T